European Patent (EPO) Validation in Sweden
1. Terms of patent validation in Sweden
The period for filing the translation in 3 months after the date on which the mention of the grant, maintenance in amended form or limitation of the European patent is published in the European Patent Bulletin.
The EP application number and the name and address of the applicant must be given with the translation. Otherwise it is deemed not to have been filed.
2. Conditions for patent validation in Sweden
2.1 Translation – The translation must be filed in Swedish.
- For provisional protection: it is required a translation of the complete patent specification, in Swedish.
- After grant: A translation of the claims of the European patent into Swedish must be filed. Due date is 3 months after the date on which the mention of the grant, maintenance in amended form or limitation of the European patent is published in the European Patent Bulletin.
No further requirements are necessary if the European patent has been granted in English. If the European patent has been granted in French or German, a translation into English must be supplied. The translation may also be supplied in Swedish.
2.2 Payment of patent validation and national registration fees:
There is a special fee to be paid, in the amount of 200 SEK. Due date is the date on whch translation is filed. Mention of the filing of the translation is not published until the fee has been paid.
3. Effect of the European patent as a national Swedish patent
Under Article 64(1) EPC, a European patent automatically confers on its proprietor from the date on which the mention of the grant is published in the European Patent Bulletin, in each contracting state in respect of which it is granted, the same rights as would be conferred by a national patent granted in that state.
4. Patent annuities in Sweden
- Due date: payment must have been made before expiration of the month in which the filing date occured.
- Earliest possible date for payment: payment may not be made more than 6 months before due date.
- Period of grace for payment of fees (with surcharge): 6 months from due date.
| EPO annuities -Sweden – EUR | ||||
| Year | Cost | Fee | Total | Surcharge for late payment: |
| 1 to 3 | 134 | 50 | 184 | 27 |
| 4 | 100 | 50 | 150 | 20 |
| 5 | 134 | 50 | 184 | 27 |
| 6 | 167 | 50 | 217 | 34 |
| 7 | 189 | 50 | 239 | 38 |
| 8 | 222 | 50 | 272 | 45 |
| 9 | 256 | 50 | 306 | 52 |
| 10 | 289 | 50 | 339 | 58 |
| 11 | 322 | 50 | 372 | 65 |
| 12 | 356 | 50 | 406 | 72 |
| 13 | 389 | 50 | 439 | 78 |
| 14 | 422 | 50 | 472 | 85 |
| 15 | 456 | 50 | 506 | 92 |
| 16 | 489 | 50 | 539 | 98 |
| 17 | 522 | 50 | 572 | 105 |
| 18 | 556 | 50 | 606 | 112 |
| 19 | 589 | 50 | 639 | 118 |
| 20 | 622 | 50 | 672 | 125 |
In case that your patent was filed not as EPO (European patent) patent but as PCT (WIPO, international patent), in order to obtain the protection on the national level, you may need to open to your patent to the national phase in Sweden.